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AMINU TANKO V. THE STATE

(2009) JELR 34000 (SC)

Supreme Court  •  SC.53/2008  •  6 Feb 2009  •  Nigeria

Coram
NIKI TOBI JSC DAHIRU MUSDAPHER JSC GEORGE ADESOLA OGUNTADE JSC WALTER SAMUEL NKANU ONNOGHEN JSC IKECHI FRANCIS OGBUAGU JSC PIUS OLAYIWOLA ADEREMI JSC MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC

Judgement

P. O. ADEREMI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal (Abuja Division) delivered on the 28th of January 2008 on Appeal No CA/A/179c/06: Aminu Tanko v. The State in which that court (the Court of Appeal) hereinafter referred to as the court below affirmed the judgment of the High Court of Minna, Niger State which convicted and sentenced the appellant to death for the offence of conspiracy and robbery under the Robbery and Firearms (Special Provisions) Act Cap 398 laws of the Federal Republic of Nigeria 1990. The trial court (High Court of Justice, Minna, Niger State, in convicting and sentencing three of the accused persons i.e. 1st accused person - Aminu Tanko, 3rd accused person - Joseph Amoshima and the 4th accused person - Ikechukwu Okoh arraigned before it, the trial judge said inter alia:

"It is therefore settled that the fact of retraction of a confession does not make it evidence upon which the court cannot act.

I ha…

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